What lawyer (specialization) should I look for in my situation?

[dove_in]

Nevada
In the divorce process (that was finalized in May 2019), my lawyer sent a lien type of letter to a corporation where my ex husband used to work to prevent his 401K funds to be released to him. At least he said that he did. But in the middle of the divorce process my ex husband took all the money from his 401K and other funds that by Nevada law belonged to both of us as a result of 26 years of marriage and left the country. I think there was an obvious mistake made either by my lawyer or my ex husband's work place (401K Fidelity Investments representatives) that resulted in me loosing everything. What kind of lawyer would deal with this issue? Thank you.

 

[quincy]

Nevada
In the divorce process (that was finalized in May 2019), my lawyer sent a lien type of letter to a corporation where my ex husband used to work to prevent his 401K funds to be released to him. At least he said that he did. But in the middle of the divorce process my ex husband took all the money from his 401K and other funds that by Nevada law belonged to both of us as a result of 26 years of marriage and left the country. I think there was an obvious mistake made either by my lawyer or my ex husband's work place (401K Fidelity Investments representatives) that resulted in me loosing everything. What kind of lawyer would deal with this issue? Thank you.

Your divorce was finalized in 2019 and you are just now looking to recover funds you believe you were owed?

To what country did your ex-husband move?

What has your former divorce attorney said about the funds when you asked him?

 

[dove_in]

I was left to survive on my own without a job, with an underage child with no support and I didn't have time or recourses to get a lawyer. When I asked my divorce lawyer about the funds, he said that they send a letter to my ex husband's work place to freeze 401K but he was still able to get the funds. My former lawyer even gave me the name of an attorney who would deal with the corporation to recover the funds that were released by mistake..(?). After the consultation with the attorney I was referred to, he said it's possible to do but his retainer fee is $10K. I could not afford that and just was consumed with everyday life dealing with a lot of things at the same time

My ex-husband moved to Moldova

 

[quincy]

You/your attorney and your ex/his attorney should have drafted a Qualified Domestic Relations Order (QDRO) - not a “lien letter” - signed by the judge that instructed the 401(k) plan administrator to divide the asset between you and your ex.

It is possible that your ex withdrew the funds before any Order could be served, however. Now that your ex is out of the country, you could have a difficult time recovering your share of the funds.

 

[dove_in]

I am doubting that my lawyer did anything to prevent that, although I informed him and emphasized that its very much possible that my ex-husband is a fly-risk. The lawyer knew about it but I think just didn't do anything to prevent this from happening. Is there a way to find out if it was my divorce lawyer's mistake that he, knowing the risk, didn't do what was needed to to prevent my ex-husband from withdrawing the funds? or it was the work place's mistake to let him get his 401K money while in a process of divorce?

 

[quincy]

I am doubting that my lawyer did anything to prevent that, although I informed him and emphasized that its very much possible that my ex-husband is a fly-risk. The lawyer knew about it but I think just didn't do anything to prevent this from happening. Is there a way to find out if it was my divorce lawyer's mistake that he, knowing the risk, didn't do what was needed to to prevent my ex-husband from withdrawing the funds? or it was the work place's mistake to let him get his 401K money while in a process of divorce?

I cannot tell you if your attorney did anything wrong or not. Your attorney really couldn’t prevent your former husband from leaving the country. And if the 401(k) funds were released to your former husband before any court order was issued, the retirement plan administrator probably did nothing wrong.

You apparently were married to a rat. Both you and your child no doubt deserved better. But I am not sure it is worth your expense at this point to try to track your ex down in Moldova.

How old is your child?

 

[dove_in]

my lawyer did put a lien on my husband's condo but didn't do anything like that about his 401K, although he told me he is planning to in our initial consultation. I think it was just overlooked in between his assistants assigned to my case that were changed a few times

 

[quincy]

my lawyer did put a lien on my husband's condo but didn't do anything like that about his 401K, although he told me he is planning to in our initial consultation. I think it was just overlooked in between his assistants assigned to my case that were changed a few times

Again, I cannot tell you if your attorney did anything wrong or not. It is possible that your ex husband knew that his retirement funds would be split and withdrew the funds early.

At least you received half the value of the condominium, right? Did your ex ever pay any child support or did he leave the country before paying anything? How old is your child now?

 

[dove_in]

Yes he could't prevent my ex-husband from leaving the country but he should've and was was going to prevent him to getting the money that by law belonged to both of us. But he didn't for some reason. He knew about that risk and he told me he'll make sure my husband won't be able to sell his condo or withdrew his 401K

 

[dove_in]

my son is turned 20 now. No he did not pay any child support

 

[Just Blue]

How much money were you due?

 

[quincy]

Yes he could't prevent my ex-husband from leaving the country but he should've and was was going to prevent him to getting the money that by law belonged to both of us. But he didn't for some reason. He knew about that risk and he told me he'll make sure my husband won't be able to sell his condo or withdrew his 401K

It sounds like your ex moved faster than your attorney. That is possible only because your attorney needed to get a court order before acting while your ex had no such constraint.

Your son was old enough at the time of your divorce that child support was probably not going to be an issue.

Are you employed?

 

[dove_in]

Thank you for having this conversation with me. Yes you're right about my ex-husband. I was never going to track him in Moldova. He's a lost cause. He spent almost all the money and came back to the US but never went to work. He's never tried to see his son since he came back 9 months ago. But he keeps telling my elder son that as soon as he runs out of money he's gonna kill himself. Knowing him, he'll do it, very soon ... what can I say...?

 

[adjusterjack]

Is there a way to find out if it was my divorce lawyer's mistake that he, knowing the risk, didn't do what was needed to to prevent my ex-husband from withdrawing the funds?

One way I can think of. Look up the date your divorce decree was filed. Then find out what date your ex withdrew the money from his 401(k).

If he took out the money before the decree was filed (which was when the QDRO should also have been filed and served on the employer) then there is likely nothing you can do about that. The employer had no obligation to obey a "letter." It wasn't a court order.

If your ex took the money after the decree was filed then the lawyer may be guilty of malpractice.

You would have to talk to a lawyer who is in the business of suing other lawyers for malpractice. You may still be within the statute of limitations.

NRS 11.207  Malpractice actions against attorneys and veterinarians.
1.  An action against an attorney or veterinarian to recover damages for malpractice, whether based on a breach of duty or contract, must be commenced within 4 years after the plaintiff sustains damage or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action, whichever occurs earlier.

 

[dove_in]

Around $200K

My son still had to receive a child support for a year and a half at the time of divorce

Yes I'm employed